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a <br />engineering fees associated with this permit application, <br />including without limitation HIGH LINE's participation in the <br />permitting process, negotiations with CENTENNIAL, review of <br />studies mentioned herein, and conduct of further studies <br />reasonably elected by HIGH LINE, and for fees related to future <br />agreements. <br />16. CENTENNIAL agrees that if by reason of its construction, <br />operation or mining any damage, increased seepage or break in or <br />to the Canal occurs, CENTENNIAL will with all due diligence, <br />repair and replace such property of the Company in substantially <br />the same condition as the same was in prior to such a break, <br />increased seepage or damage and will-pay any and all monetary- - <br />damages resulting from such break, increased seepage or damage <br />sustained or incurred by the Company or its stockholders or water <br />users. <br />17. CENTENNIAL further agrees to indemn.iiv and hold harmless <br />HIGH LINE, its successors, assigns, employees and stockholders <br />from any and all third party claims and damages caused by <br />CENTENNIAL's operation, construction and mining activities. <br />18. CENTENNIAL herebv releases HIGH LTidE:, its successors, <br />assigns, employees and stockholders from any and all claims and <br />damages of whatsoever character to said gravel pit or other <br />property of CENTENNIAL or of Bedard unless caused by the <br />negligence or willful misconduct of the Company or its agents or <br />employees. <br />19. HIGH LINE, its agents, or consultants, do not warrant or <br />guarantee the adequacy of designs reviewed by the Company or by <br />its consultants. CENTENNIAL is solely responsible for designs <br />conforming to applicable Governmental requlations and statutes <br />and engineering standards. <br />This agreement shall be binding on the Heirs, Successors and <br />assigns of CENTENNIAL STATE PAVING, INC. and the ROCKY FORD HTG11 <br />LINE COMPANY. <br />This Agreement executed the date above stated. <br />ROCKY FORD HIGH LINE CANAL <br />COMPANY <br />By <br />Stan Fedde President <br />CENT AL STATE PAVING, II`C. <br />By <br />J es S. Bartmess, President <br />-4-